The latest according to the AJC:
The federal 11th Circuit Court of Appeals rejected a challenge of a lower court ruling by the owner of the Love Shack, an adult-themed store in Johns Creek.
The decision resolved a narrow question of the larger case, which sits before Federal District Judge Thomas Thrash. No date has been set to hear the main case, which focuses on whether Fulton County improperly denied the Love Shack a business license. The Love Shack opened in November 2006, days before the community of Johns Creek became a legal city. Because it was still in what was then unincorporated Fulton County, the Love Shack sued the county in federal court to make the government give it a business license. The county counter-sued to obtain a federal order to close down the store.
Last December, Thrash ruled the Love Shack is an adult store operating without proper permits, but then said it could operate if it significantly reduced the amount of adult material. But he put a three-week time limit on the order.
The owner of the Love Shack, John Cornetta, appealed to reverse Thrash’s decision, saying the judge’s ruling was too vague, and Fulton County should have pursued remedies in state courts first.
In a two-paragraph ruling on Dec. 17, the appellate court dismissed Cornetta’s appeal out of hand, and said it was all moot anyway because Thrash’s order to close the store expired Jan. 5.
In the meantime, while the appeal is pending, the store remains open.
